Figtree PACE Registered Contractor Application

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1 Figtree PACE Registered Contractor Application Contractors applying for consideration as a Figtree PACE Registered Contractor should read through all the information below and fill out this Application. The Application must be filled out completely and returned to Figtree Financing. Approval by Figtree Financing is required prior to any work being done by a contractor. If approved, you will be notified by to the address provided in this Application. There is no application fee to apply to become a Figtree Registered Contractor. A processing fee of $695 is due to Figtree if a project is funded. This fee will be deducted from the final payment. You may contact a Figtree PACE representative for assistance by calling Do you meet the general requirements to be a Figtree Registered Contractor? A Yes answer is required for each of these questions. Yes No Are you registered and licensed in the state of California as a contractor? (License must be in ACTIVE status.) Do you have a minimum of three (3) years work experience as a licensed contractor in the State of California? Do you have a minimum of $1,000,000 in general liability insurance? (Bonding and Workers' Compensation must all be in accordance with the California State License Board requirements.) 2. Do you service any of the following counties? Alameda Marin San Mateo Alpine Mariposa Santa Barbara Amador Mendocino Santa Clara Butte Merced Santa Cruz Calaveras Modoc Shasta Colusa Mono Sierra Contra Costa Monterey Siskiyou Del Norte Napa Solano El Dorado Nevada Sonoma Fresno Orange Stanislaus Glenn Placer Sutter Humboldt Plumas Tehama Imperial Riverside Trinity Inyo Sacramento Tulare Kern San Benito Tuolumne Kings San Bernardino Ventura Lake San Diego Yolo Lassen San Francisco Yuba Los Angeles San Joaquin Madera San Luis Obispo

2 3. What contractor license(s) do you have? General Engineering (A) General Building (B) Insulation & Acoustical (C2) Boiler, Water & Steam Fitting (C4) Electrical/Lighting (C10) Elevator (C11) HVAC (C20) Windows & Doors (C17) Landscaping (C27) Plumbing (C36) Refrigeration (C38) Roofing (C39) Sheet Metal (C43) Solar (C46) Swimming Pool (C53) Other: 4. Contractor Information The information you provide will be used for the sole purpose of applying to become a Figtree Registered Contractor. Company Information Business Name Licensed Contractor Name Years in Business CA State Contractors License Number Tax ID Have you ever conducted business under any other business name, other than the one listed on this Application? If so, please list below. Former Business Name City State Date Range What is the current physical property address for the company?

3 Who is the primary contact regarding Figtree PACE financing? Name Title Address Office Mobile Fax Number Additional Contact Name Title Address Check here if this contact is authorized to make changes to the Contractor Agreement. Contact for Listing on Program Website Name Title Address Website Check here if this contact is authorized to make changes to the Contractor Agreement. Insurance Carriers Liability Amount ($) Worker s Compensation Amount ($)

4 5. References If experience as a licensed contractor in California is less than three (3) years, please provide three client references that may be contacted by a Figtree representative. Reference 1 Name Relationship Reference 2 Name Relationship Reference 3 Name Relationship

5 6. Standards Licenses. Contractor shall be and remain licensed, authorized to conduct business, and in good standing in all jurisdictions in which it conducts business, and shall have the legal authority and power to offer, sell and/or install Figtree approved energy efficiency, renewable energy, and water conservation improvements that are permanently affixed to real property (the Improvements ). Relationship with Figtree. Contractor shall not represent itself as an agent, representative, broker or employee of Figtree or any other governmental body involved in Figtree s programs, and shall not use the names and logos of any governmental body. Contractor may use the Figtree Program Contractor logo in compliance with logo usage guidelines. Quality Control Assurances. With regard to any sale or installation of Improvements, Contractor shall comply with all applicable state and federal laws and regulations in the sale, solicitation of the sale, installation and financing of Improvements. All Improvements shall be duly delivered and set in place in a professional and workmanlike manner, accepted by Customer in good condition and working order, shall conform with all warranties and local, state and federal requirements, and codes concerning the condition, construction, and placement of the Improvements. Contractor shall within sixty (60) days of demand, correct defective work and/or replace any defective materials. Further, Contractor shall not make false claims about performance or energy savings related to the Improvements. 7. Legal Terms Lien Waivers. Contractor hereby waives all rights to file a mechanic s or material man s lien and agrees that no such lien shall be filed against the property of any Customer or in the name of any subcontractor, material men, or laborers employed by Contractor for any Improvements furnished in connection with performance of work for a customer. Contractor guarantees that all material men and laborers claiming through or under Contractor on any work shall look solely to Contractor for payments and that they shall make no claim of any kind against the Customer or Figtree. Use of Subcontractors. Contractor shall cause any subcontractor working on the project to maintain liability insurance and worker s compensation insurance coverage that is required by and/or consistent with the standards established by the CSLB and Figtree. Contractor shall pay all subcontractors and vendors the amounts agreed upon as they become due, and shall take necessary steps to prevent mechanics liens from being enforced against Customer that may arise from the Contractor s failure to pay a subcontractor or vendor. Term and Modifications. The provisions in this agreement shall stay in effect until cancelled by either party. I understand that Figtree may from time to time change the Program guidelines and the Contractor Standards and I agree to comply with such modifications as they become effective. Indemnity. Contractor hereby agrees to indemnify and hold harmless Figtree Company Inc., California Enterprise Development Authority, the participating municipalities, their officers, directors, shareholders, agents, contractors, employees, affiliates and their respective successors and assigns, against any and all liability, claims, losses, costs, expenses, penalties, fines, forfeitures, judgments and damages, including attorney s fees and costs, both direct and indirect, by whomsoever asserted, arising out of or in connection with any matter which is subject of the Program, including but not limited to the installation any Improvement. Governing Law. Contractor knowingly, voluntarily and intentionally waives any rights it may have to a trial by jury in respect to any litigation arising out Agreement and agrees that this Agreement shall be governed by the laws of the State of California.

6 8. Payment at End of Project and Progress Payments for Commercial Projects Project Bid. Contractor shall submit a detailed project bid identifying the product including, manufacturer, model, description, price, rating, energy usage/savings to Figtree for approval (the Project Bid ). Contractor shall not install any Improvement unless the Project Bid is approved and the Notice to Proceed is issued by Figtree. Contractor shall provide reasonable prices for Improvements and service in accordance with industry and market cost benchmarks. Payment for Project Bid. The agreed-upon Project Bid amount between Figtree, Contractor and Customer shall be payable to Contractor only upon satisfaction of the following conditions: (i) delivery of a Completion Certificate to Figtree by the Contractor, on a form supplied by Figtree and signed by the Contractor and the Customer, confirming that the work has been completed and the Improvements are in good working condition, (ii) compliance with all applicable terms of this Agreement, (iii) compliance of all applicable federal, state and local laws and regulations, (iv) provision of Building Permit as applicable, (v) photographic evidence of the work completed and (vi) a telephone audit or site visit by Figtree at its discretion. Progress Payments. For certain large projects, Contractor may request up to two (2) Progress Payments prior to final payment for completed work. Each Progress Payment shall be subject to a minimum size of $10,000 and a processing fee of $ per payee, and shall require sufficient proof of purchased and delivered Improvements and labor. Contractor shall abide by the Figtree procedures for Progress Payments which shall not be subject to any prior agreement between Contractor and Customer. Fee Acknowledgment for Commercial Projects. There is no application fee to apply to become a Figtree Registered Contractor. A processing fee of $695 is due to Figtree if a project is funded. This fee will be deducted from the final payment. Contractor agrees that Figtree shall have the right to withhold a partial or full Project Bid amount from Contractor for breach of this Agreement terms or the failure to abide by the Program Standards. I understand that by signing this Standards, Payment, and Legal Terms. I am affirming my agreement to the terms, conditions and standards set forth above. Authorized Signature Date Name (please print) Title

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